252K.207 Determination of controlling child support order.
1. If a proceeding is brought under this chapter and only one tribunal has issued a child support order, the order of that tribunal controls and must be recognized.
2. If a proceeding is brought under this chapter, and two or more child support orders have been issued by tribunals of this state, another state, or a foreign country with regard to the same obligor and same child, a tribunal of this state having personal jurisdiction over both the obligor and individual obligee shall apply the following rules and by order shall determine which order controls and must be recognized:
a. If only one of the tribunals would have continuing, exclusive jurisdiction under this chapter, the order of that tribunal controls.
b. If more than one of the tribunals would have continuing, exclusive jurisdiction under this chapter, one of the following shall apply:
(1) An order issued by a tribunal in the current home state of the child controls.
(2) If an order has not been issued in the current home state of the child, the order most recently issued controls.
c. If none of the tribunals would have continuing, exclusive jurisdiction under this chapter, the tribunal of this state shall issue a child support order, which controls.
3. If two or more child support orders have been issued for the same obligor and same child, upon request of a party who is an individual or that is a support enforcement agency, a tribunal of this state having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls under subsection 2. The request may be filed with a registration for enforcement or registration for modification pursuant to article 6, or may be filed as a separate proceeding.
4. A request to determine which is the controlling order must be accompanied by a copy of every child support order in effect and the applicable record of payments. The requesting party shall give notice of the request to each party whose rights may be affected by the determination.
5. The tribunal that issued the controlling order under subsection 1, 2, or 3 has continuing jurisdiction to the extent provided in section 252K.205 or 252K.206.
6. A tribunal of this state that determines by order which is the controlling order under subsection 2, paragraph “a” or “b”, or subsection 3, or that issues a new controlling order under subsection 2, paragraph “c”, shall state in that order:
a. The basis upon which the tribunal made its determination.
b. The amount of prospective support, if any.
c. The total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided in section 252K.209.
7. Within thirty days after issuance of an order determining which is the controlling order, the party obtaining the order shall file a certified copy of it in each tribunal that issued or registered an earlier order of child support. A party or support enforcement agency obtaining the order that fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order.
8. An order that has been determined to be the controlling order, or a judgment for consolidated arrears of support and interest, if any, made pursuant to this section must be recognized in proceedings under this chapter.
97 Acts, ch 175, §131; 2015 Acts, ch 110, §12
Referred to in §252H.2, 252K.611
Structure Iowa Code
Chapter 252K - UNIFORM INTERSTATE FAMILY SUPPORT ACT
Section 252K.102 - Definitions.
Section 252K.103 - State tribunal and support enforcement agency.
Section 252K.104 - Remedies cumulative.
Section 252K.201 - Bases for jurisdiction over nonresident.
Section 252K.202 - Duration of personal jurisdiction.
Section 252K.203 - Initiating and responding tribunal of this state.
Section 252K.204 - Simultaneous proceedings.
Section 252K.205 - Continuing, exclusive jurisdiction to modify child support order.
Section 252K.206 - Continuing jurisdiction to enforce child support order.
Section 252K.207 - Determination of controlling child support order.
Section 252K.208 - Child support orders for two or more obligees.
Section 252K.209 - Credit for payments.
Section 252K.210 - Application of chapter to nonresident subject to personal jurisdiction.
Section 252K.211 - Continuing, exclusive jurisdiction to modify spousal support order.
Section 252K.301 - Proceedings under this chapter.
Section 252K.302 - Proceeding by minor parent.
Section 252K.303 - Application of law of this state.
Section 252K.304 - Duties of initiating tribunal.
Section 252K.305 - Duties and powers of responding tribunal.
Section 252K.306 - Inappropriate tribunal.
Section 252K.307 - Duties of support enforcement agency.
Section 252K.308 - Duty of attorney general.
Section 252K.309 - Private counsel.
Section 252K.310 - Duties of state information agency.
Section 252K.311 - Pleadings and accompanying documents.
Section 252K.312 - Nondisclosure of information in exceptional circumstances.
Section 252K.313 - Costs and fees.
Section 252K.314 - Limited immunity of movant.
Section 252K.315 - Nonparentage as defense.
Section 252K.316 - Special rules of evidence and procedure.
Section 252K.317 - Communications between tribunals.
Section 252K.318 - Assistance with discovery.
Section 252K.319 - Receipt and disbursement of payments.
Section 252K.401 - Establishment of support order.
Section 252K.402 - Proceeding to determine parentage.
Section 252K.501 - Employer’s receipt of income withholding order of another state.
Section 252K.502 - Employer’s compliance with income withholding order of another state.
Section 252K.503 - Employer’s compliance with two or more income withholding orders.
Section 252K.504 - Immunity from civil liability.
Section 252K.505 - Penalties for noncompliance.
Section 252K.506 - Contest by obligor.
Section 252K.507 - Administrative enforcement of orders.
Section 252K.601 - Registration of order for enforcement.
Section 252K.602 - Procedure to register order for enforcement.
Section 252K.603 - Effect of registration for enforcement.
Section 252K.604 - Choice of law.
Section 252K.605 - Notice of registration of order.
Section 252K.606 - Procedure to contest validity or enforcement of registered support order.
Section 252K.607 - Contest of registration or enforcement.
Section 252K.608 - Confirmed order.
Section 252K.609 - Procedure to register child support order of another state for modification.
Section 252K.610 - Effect of registration for modification.
Section 252K.611 - Modification of child support order of another state.
Section 252K.612 - Recognition of order modified in another state.
Section 252K.614 - Notice to issuing tribunal of modification.
Section 252K.615 - Jurisdiction to modify child support order of foreign country.
Section 252K.616 - Procedures to register child support order of foreign country for modification.
Section 252K.701 - Definitions.
Section 252K.702 - Applicability.
Section 252K.703 - Relationship of child support recovery unit to United States central authority.
Section 252K.704 - Initiation by child support recovery unit of support proceeding under convention.
Section 252K.705 - Direct request.
Section 252K.706 - Registration of convention support order.
Section 252K.707 - Contest of registered convention support order.
Section 252K.708 - Recognition and enforcement of registered convention support order.
Section 252K.709 - Partial enforcement.
Section 252K.710 - Foreign support agreement.
Section 252K.711 - Modification of convention child support order.
Section 252K.712 - Personal information — limit on use.
Section 252K.713 - Record in original language — English translation.
Section 252K.801 - Grounds for rendition.
Section 252K.802 - Conditions of rendition.
Section 252K.901 - Uniformity of application and construction.
Section 252K.902 - Short title.